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28th May 2025

Richard Kershaw examines Standish v Standish in IFA Magazine

Richard’s article was published in IFA Magazine, 28 May 2025, and can be seen here.

Richard Kershaw, Partner in our Family & Relationships department, examines the pivotal case of Standish v Standish, which is set to clarify a key issue in family law: when non-matrimonial property becomes matrimonial in the context of divorce.

The case revolves around whether assets transferred during marriage, which were originally part of Mr Standish’s pre-marital wealth, should be considered matrimonial property. These assets, worth £77 million, were transferred to Mrs Standish as part of a tax planning strategy, but she later claimed full ownership during divorce proceedings.

The Court of Appeal previously ruled that the transfer did not convert the assets into matrimonial property, significantly reducing Mrs Standish’s award by 45% - the largest reduction in English divorce history. 

The Supreme Court’s upcoming decision will determine whether the transfer of legal title alone is enough to change the character of non-matrimonial assets, a ruling that could have far-reaching implications for wealthy individuals and their advisers.

Richard highlights the broader significance of the case for financial remedy practitioners, especially in high-net-worth divorces. The judgment is expected to provide much-needed clarity on how courts should treat wealth acquired before marriage but transferred during it, particularly when such transfers are made for tax or estate planning purposes. The outcome will likely influence how future financial remedy cases are approached and argued.

Read the full article on the IFA Magazine website [external link].